Logan Act

[2] The Act was passed following George Logan's unauthorized negotiations with France in 1798, and was signed into law by President John Adams on January 30, 1799.

This was a big scandal at the time in foreign affairs because Logan—a Democratic-Republican—was trying to thwart the policy of the Federalists, who controlled both houses of Congress and the White House.Kevin Kearney, writing in a case comment for the Emory Law Journal, described Dr. Logan's activities in France: Upon his arrival in Paris, he met with various French officials, including Talleyrand.

During these meetings, he identified himself as a private citizen, discussed matters of general interest to the French, and told his audience that anti-French sentiment was prevalent in the United States.

'In general, the Act is intended to prevent unauthorized American citizens from interfering in disputes or controversies between the United States and foreign governments.

Although attempts have been made to repeal the Act, it remains law and at least a potential sanction to be used against anyone who without authority interferes in the foreign relations of the United States.

For example, in February 1941 Under Secretary of State Sumner Welles told the press that former President Herbert Hoover might be a target for prosecution because of his negotiations with European nations over sending food relief.

The first occurred in 1803 when a grand jury indicted Francis Flournoy, a Kentucky farmer, who had written an article in the Frankfort Guardian of Freedom under the pen name of "A Western American".

The United States Attorney for Kentucky, an Adams appointee and brother-in-law of Chief Justice John Marshall, went no further than procuring the indictment of Flournoy, and there was no further prosecution of him.

Secretary of State Daniel Webster had been pressuring Mexico to accept a treaty that would allow a different group of American businessmen to build the railway.

Federal prosecutors were forced to dismiss the case after Arista refused to hand over the original copy of the letter, depriving them of the evidence they needed to convict Levy.

Nothing in section 953 [Logan Act], however, would appear to restrict members of the Congress from engaging in discussions with foreign officials in pursuance of their legislative duties under the Constitution.

The specific issues raised by the Senators (e.g., the Southern Airways case; Luis Tiant's desire to have his parents visit the United States) would, in any event, appear to fall within the second paragraph of Section 953.

[10]In June 2007, Representative Steve King introduced legislation that would prohibit Speaker of the House Nancy Pelosi from drawing on federal funds to travel to foreign states which the U.S. deemed to sponsor terrorism.

In March 2015, 47 Republican senators released an open letter to the Iranian government regarding President Barack Obama's attempts to broker a nuclear arms agreement between Iran and six major powers (P5+1).

[5] In April 2018, former Secretary of State John Kerry met with the Iranian Foreign Minister in order to ensure the Iran nuclear deal framework remained more or less intact.

[17] Stephen Vladeck, law professor at the University of Texas, did not agree that Kerry would be in violation of the act as his intent was to preserve the US policy then in place, rather than seeking to destroy it.

The next day, Woodruff issued a statement apologizing for the comments, saying, "I want to clarify my remarks on the PBS News special on Monday night about the ongoing cease fire talks in the Middle East.

[25] In December 2020, the Department of Justice's Office of Legal Counsel wrote a memorandum opinion concluding that the Logan Act "was constitutional when enacted, and unless or until repealed by Congress, remains valid and enforceable."

[26] During analysis of the Michael Flynn case, evidence, specifically the notes of Peter Strzok indicate that then-Vice President Joe Biden encouraged the use of the Logan Act to evoke a FISA investigation.